Collaborative Law is a Process

I understand the Collaborative Process to be about the way couples and their lawyers go about reaching consensus and agreements about property and children. To me this does not necessarily mean the result will be outside of the range of reasonably expected outcomes were the case to be tried. To me, the process is a way of avoiding the subterfuge, the strategizing, the expense and the waste of time and energy and loss of control which accompanies divorce litigation. It does not mean the outcome, in terms of time with the children or division of assets or support payments will be any different than the neighbor’s outcome. It will simply come with more understanding, less time and money spent, and more energy channeled to the things and values clients hold dear.

So, how we go about the Collaborative Process matters. A top-down approach places primacy on reasonably expected outcomes based upon experience with the legal principles and factual applications. No blustering, no threats, no depositions; just honest and balanced advice and counsel, from each side of the aisle. A bottom-up approach places primacy on the couples’ budgets, the children’s developmental stages; the standards of living established during the marriage recognizing two houses will take the place of one. My understanding of the Collaborative Process is that it is a way to help separating couples reach a middle ground holistically; some meetings will emerge from the top, and some from the bottom; it all depends upon timing and feelings. If the professionals are not in sync with this phenomenon and each other, trouble looms large on the Collaborative horizon.

If Collaborative professionals are agreeing to do Collaborative work to meet a client’s shallow interests or fear-driven desires to avoid an outcome which a judge or a magistrate might otherwise view as equitable, such professionals are falling short of the Collaborative movements’ mission. It is easy to say, “Well at least they are avoiding litigation,” however, such disingenuous sentiments will never result in Collaborative Process being the default way to go.

Teaser

I understand the Collaborative Process to be about the way couples and their lawyers go about reaching consensus and agreements about property and children. To me this does not necessarily mean the result will be outside of the range of reasonably expected outcomes were the case to be tried. To me, the process is a way of avoiding the subterfuge, the strategizing, the expense and the waste of time and energy and loss of control which accompanies divorce litigation.